Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 151. RIGHTS AND DUTIES IN PARENT-CHILD RELATIONSHIP
Texas Codes

Tex. Fam. Code § 151.001 (2026)

Rights And Duties Of Parent

✓ current as of May 2026
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Sec. 151.001. RIGHTS AND DUTIES OF PARENT. (a) A parent of a child has the following rights and duties:

(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;

(2) the duty of care, control, protection, and reasonable discipline of the child;

(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;

(4) the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;

(5) except as provided by Section 264.0111, the right to the services and earnings of the child;

(6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;

(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;

(9) the right to inherit from and through the child;

(10) the right to make decisions concerning the child's education;

(11) the right to designate the school the child will attend and to enroll the child in the school, subject to any eligibility or admissions requirements; and

(12) any other right or duty existing between a parent and child by virtue of law.

(b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).

(c) A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.

(d) The rights and duties of a parent are subject to:

(1) a court order affecting the rights and duties;

(2) an affidavit of relinquishment of parental rights; and

(3) an affidavit by the parent designating another person or agency to act as managing conservator.

(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:

(1) a parent or grandparent of the child;

(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and

(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 23, eff. Sept. 1, 1995. Renumbered from Sec. 151.003 by Acts 2001, 77th Leg., ch. 821, Sec. 2.13, eff. June 14, 2001. Amended by Acts 2001, 77th Leg., ch. 964, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1036, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 924 (H.B. 383), Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 6, eff. September 1, 2007.

Acts 2025, 89th Leg., R.S., Ch. 591 (H.B. 2495), Sec. 3, eff. September 1, 2025.

Notes of Decisions
Cited in 161 cases (43 in the last 5 years), 2002–2026 · leading case: Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011).
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Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011). · cites it 21× “‖ Tex. Fam. Code Ann. § 151.001 (a) (West 2008).”
in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018). · cites it 2× “, Tex. Fam. Code § 151.001 ("Rights and Duties of Parent.”
Raskin v. Dallas Indep Sch Dist, 69 F.4th 280 (5th Cir. 2023). · cites it 4× “§ 505 (a) (prohibiting 17-year-olds from enlisting in the armed forces, even if they want to, without parental consent); Tex. Fam. Code § 151.001(a)(6) (recognizing parent’s “right to consent to the child’s .”
McCullough v. Godwin, 214 S.W.3d 793 (Tex. App. 2007). · cites it 6× “There is further no evidence in the summary judgment record that either Brandon *807 or Shellie Stairs was aware that Godwin was not supervising Kaleb.”
Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013). · cites it 2× “” Tex. Fam.Code § 151.001(c). As noted by the court of appeals, we recognized in two cases decided more than a century ago that attorney’s fees for services rendered for the benefit of a child may, under some circumstances, be treated as necessaries under the common law.”
In Re Labatt Food Serv., L.P., 279 S.W.3d 640 (Tex. 2009). “Labatt argues that under these circumstances the beneficiaries should be bound by the agreement because (1) they are third party beneficiaries of the agreement; (2) they are bound by the agreement because of the derivative nature of their claims; and (3) Texas Family Code…”
Prescott v. State, 123 S.W.3d 506 (Tex. App. 2003). · cites it 3× “” Tex. Fam.Code Ann. § 151.001(a) (Vernon 2002).”
In re Interest of F.E.N., 542 S.W.3d 752 (Tex. App. 2018). “While there is no evidence that Father supported Fay within his ability during this period, it is not a period of twelve consecutive months.”
In Re Doe 10, 78 S.W.3d 338 (Tex. 2002). · cites it 2× “001(b) ("The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma until the end of the school year in…”
Miller Ex Rel. Miller v. HCA, INC., 118 S.W.3d 758 (Tex. 2003). · cites it 2× “Tex Fam.Code § 151.001(a)(6). 22 . 36 S.W.”
Alameda v. State, 235 S.W.3d 218 (Tex. Crim. App. 2007). · cites it 2× “[6] Texas Family Code section 151.001 lists the rights and duties of a parent: (a) A parent of a child has the following rights and duties: (6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and…”
Swate v. Swate, 72 S.W.3d 763 (Tex. App. 2002). “” Tex Fam.Code Ann. § 151.001(c) (Vernon Supp.”
Show all 161 citing cases →
— Tex. Fam. Code § 151.001(1) — 1 case
In Re Narvaiz, 193 S.W.3d 695 (Tex. App. 2006).
— Tex. Fam. Code § 151.001(3) — 2 cases
in the Interest of W.J.B. & L.M.B., 294 S.W.3d 873 (Tex. App. 2009).
In Re Wjb, 294 S.W.3d 873 (Tex. App. 2009).
— Tex. Fam. Code § 151.001(7) — 1 case
Ordonez v. Abraham, 545 S.W.3d 655 (Tex. App. 2017).
— Tex. Fam. Code § 151.001(C) — 1 case
McGarvey v. Johnson (Bankr. W.D. Tex. 2025).
— Tex. Fam. Code § 151.001(a) — 10 cases
in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018). “, Tex. Fam. Code § 151.001 ("Rights and Duties of Parent.”
Rey v. State, 280 S.W.3d 265 (Tex. Crim. App. 2009).
Prescott v. State, 123 S.W.3d 506 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 151.001(a) (Vernon 2002).”
Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011). “‖ Tex. Fam. Code Ann. § 151.001 (a) (West 2008).”
in the Interest of J.I.Z., a Minor Child, 170 S.W.3d 881 (Tex. App. 2005).
— Tex. Fam. Code § 151.001(a)(1) — 10 cases
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017).
In Re Kkc, 292 S.W.3d 788 (Tex. App. 2009).
In re Wells, 373 S.W.3d 174 (Tex. App. 2012).
In Re Lester, 254 S.W.3d 663 (Tex. App. 2008).
the Texas Health & Human Servs. Comm'n v. Benjamin J. Gutierrez (Tex. App. 2018).
— Tex. Fam. Code § 151.001(a)(10) — 1 case
Elizabeth Magro v. Alejandro Magro Junior (Tex. App. 2020).
— Tex. Fam. Code § 151.001(a)(11) — 1 case
Prabhakar Gopalan v. Andrea Marsh (Tex. App. 2025).
— Tex. Fam. Code § 151.001(a)(2) — 27 cases
McCullough v. Godwin, 214 S.W.3d 793 (Tex. App. 2007). “There is further no evidence in the summary judgment record that either Brandon *807 or Shellie Stairs was aware that Godwin was not supervising Kaleb.”
Prescott v. State, 123 S.W.3d 506 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 151.001(a) (Vernon 2002).”
in the Interest of A.B. & H.B., Child., 412 S.W.3d 588 (Tex. App. 2013).
Johnson v. State, 234 S.W.3d 43 (Tex. App. 2007).
Luna v. State, 264 S.W.3d 821 (Tex. App. 2008).
— Tex. Fam. Code § 151.001(a)(3) — 18 cases
Duran v. Garcia, 224 S.W.3d 309 (Tex. App. 2005).
In the Interest of M.I.M., 370 S.W.3d 94 (Tex. App. 2012).
Stewart, Cox & Hatcher, P.C. v. Ford Motor Co., 350 S.W.3d 369 (Tex. App. 2011).
in the Interest of D.M.D., T.S.D., T.M.D., D.M.D AKA D.D., Child., 363 S.W.3d 916 (Tex. App. 2012).
in the Interest of M.C.G., a Child, 322 S.W.3d 889 (Tex. App. 2010).
— Tex. Fam. Code § 151.001(a)(4) — 3 cases
in Re Bridgestone Americas Tire Operations, Llc, 459 S.W.3d 565 (Tex. 2015).
in the Guardianship of Leon R. Bernsen, Sr., an Alleged Incapacitated Person (Tex. App. 2019).
Niter v. Brown (N.D. Tex. 2024).
— Tex. Fam. Code § 151.001(a)(6) — 5 cases
Deanda v. Becerra, 96 F.4th 750 (5th Cir. 2024).
Raskin v. Dallas Indep Sch Dist, 69 F.4th 280 (5th Cir. 2023). “§ 505 (a) (prohibiting 17-year-olds from enlisting in the armed forces, even if they want to, without parental consent); Tex. Fam. Code § 151.001(a)(6) (recognizing parent’s “right to consent to the child’s .”
Miller Ex Rel. Miller v. HCA, INC., 118 S.W.3d 758 (Tex. 2003). “Tex Fam.Code § 151.001(a)(6). 22 . 36 S.W.”
Alameda v. State, 181 S.W.3d 772 (Tex. App. 2005).
Deanda v. Becerra (5th Cir. 2024).
— Tex. Fam. Code § 151.001(a)(7) — 10 cases
Raskin v. Dallas Indep Sch Dist, 69 F.4th 280 (5th Cir. 2023). “§ 505 (a) (prohibiting 17-year-olds from enlisting in the armed forces, even if they want to, without parental consent); Tex. Fam. Code § 151.001(a)(6) (recognizing parent’s “right to consent to the child’s .”
in Re KC Greenhouse Patio Apts.. LP, 445 S.W.3d 168 (Tex. App. 2012).
Lehmann v. Har-Con Corp., 76 S.W.3d 555 (Tex. App. 2002).
In Re Collins, 242 S.W.3d 837 (Tex. App. 2007).
In Re SSP Partners, 241 S.W.3d 162 (Tex. App. 2007).
— Tex. Fam. Code § 151.001(a)(8) — 4 cases
Cooper v. Cooper, 176 S.W.3d 62 (Tex. App. 2004).
Gen. Elec. Capital Assurance Co. v. Jackson, 135 S.W.3d 849 (Tex. App. 2004).
Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011). “‖ Tex. Fam. Code Ann. § 151.001 (a) (West 2008).”
Hannah Mehta v. Manish Mehta (Tex. 2025).
— Tex. Fam. Code § 151.001(b) — 1 case
In Re Doe 10, 78 S.W.3d 338 (Tex. 2002). “001(b) ("The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma until the end of the school year in…”
— Tex. Fam. Code § 151.001(c) — 8 cases
Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013). “” Tex. Fam.Code § 151.001(c). As noted by the court of appeals, we recognized in two cases decided more than a century ago that attorney’s fees for services rendered for the benefit of a child may, under some circumstances, be treated as necessaries under the common law.”
Swate v. Swate, 72 S.W.3d 763 (Tex. App. 2002). “” Tex Fam.Code Ann. § 151.001(c) (Vernon Supp.”
Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011). “‖ Tex. Fam. Code Ann. § 151.001 (a) (West 2008).”
In re Interest of R.H.W., 542 S.W.3d 724 (Tex. App. 2018).
In re H.V., 252 S.W.3d 319 (Tex. 2008).
— Tex. Fam. Code § 151.001(d) — 2 cases
McCullough v. Godwin, 214 S.W.3d 793 (Tex. App. 2007). “There is further no evidence in the summary judgment record that either Brandon *807 or Shellie Stairs was aware that Godwin was not supervising Kaleb.”
in the Interest of D.R.T.S., a Child (Tex. App. 2022).
— Tex. Fam. Code § 151.001(d)(1) — 1 case
Miller Ex Rel. Miller v. HCA, INC., 118 S.W.3d 758 (Tex. 2003). “Tex Fam.Code § 151.001(a)(6). 22 . 36 S.W.”
— Tex. Fam. Code § 151.001(e) — 1 case
In the Interest of K.N., K.L., K.L., & K.L., Child. (Tex. 2026).
— Tex. Fam. Code § 151.001(e)(1) — 3 cases
Jerry Neill Sharpe v. the State of Texas (Tex. App. 2022).
in the Interest of M.R. & X.R., Child. (Tex. App. 2022).
In the Interest of F.H. & D.K.A., Child. v. Dep't of Fam. & Prot. Servs. (2026).
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